(22)

Haryana Government Gazette

Published by Authority

No. 3-2021]

CHANDIGARH, TUESDAY, JANUARY 19, 2021 (PAUSA 29, 1942 SAKA)

PART III

Notifications by High Court, Advertisement, Notices and Change of Name etc.

HARYANA GOVERNMENT

HARYANA ELECTRICITY REGULATORY COMMISSION

Notification

Dated 11th January, 2021

No. HERC/10/2005/4th Amendment/2021.— In exercise of the powers conferred on it by section 86 (1) (g)

read with section 181 of the Electricity Act 2003 (Act 36 of 2003) and all other powers enabling it in this behalf and

after previous publication, the Haryana Electricity Regulatory Commission makes the following regulations to amend

the Haryana Electricity Regulatory Commission (Fee) Regulations, 2005 as under: -

Short title, commencement, and interpretation.

(1)

These Regulations may be called the Haryana Electricity Regulatory Commission (Fee) Regulations, 2005,

4th Amendment Regulations, 2021.

(2)

These Regulations shall come into force on the date of their publication in the Haryana Government

Gazette.

(3)

These Regulations shall extend to whole of the State of Haryana.

The following Schedule of Fee shall replace the existing schedule of fee appended to the principle

regulation notified on 6th January, 2005.

Sr. No.

Particulars

Prescribed Fee

Application Processing fee for grant of license

under section 14 of the Act as prescribed by

the State Government vide “Payment of Fees

for Processing of Application for Grant of

License Rules, 2005”.

As prescribed by Haryana Government and

amended from time to time.

Annual Fee for Transmission/ Distribution/ Trading Licensees

(a)

Annual Fees for determination of tariff / true-up and midterm review for Transmission /

Distribution/ Retail Supply / Trading Licensees.

(i)

Transmission Licensee

10.05% of the amount of the Annual Revenue

Requirement (ARR) including non–tariff income

of the previous year subject to minimum of

Rs. 25 lakh and maximum of Rs. 3.5 Crore

PART III]

HARYANA GOVT. GAZ., JAN. 19, 2021 (PAUS. 29, 1942 SAKA)

Sr. No.

Particulars

Prescribed Fee

(ii)

Distribution Licensee

10.05% of the amount of the Annual Revenue

Requirement (ARR) including non–tariff income

of the previous year subject to minimum of Rs.

25 lakh and maximum of Rs. 3.5 Crore

(iii)

Intra-State Trading Licensee

10.05% of the value of power traded during the

previous year subject to minimum of Rs. 25 lakh

and maximum of Rs. 3.5 Crore.

(iv)

Inter-State Trading Licensee

10.05% of the value of power traded during the

previous year in relation to the intra-state trading

undertaken by the petitioner in the State of

Haryana subject to minimum of Rs. 25 lakh and

maximum of Rs. 3.5 Crore.

(b)

Licensees selected through competitive bid

process

(i)

Transmission licensee

10.05% of the amount of the Annual Revenue of

the year based on bid adjusted for escalation

factors, subject to a minimum of Rs. 25 lakh and

maximum of Rs. 3.5 Crore.

(ii)

Distribution licensee

10.05% of the amount of the Annual Revenue of

the year based on bid adjusted for escalation

factors, subject to a minimum of Rs. 25 lakh and

maximum of Rs. 3.5 Crore.

(c)

Deemed Licensee(s)

10.05% of the amount of the Annual Revenue of

the year based on the estimated energy to be

handled at input periphery of the petitioner

licensee and average ARR of Distribution

Licensees of the State per unit of the input energy

at input periphery of the Licensees for the

previous year. Subject to a minimum of Rs. 25

lakh and maximum of Rs. 3.5 Crore.

1For new applicant, first year projected ARR shall be the basis for determination of Annual Fee

subject to revision of fee corresponding to ARR determined by the Commission.

The annual fee shall be paid in advance at the commencement of the financial year.

Petition for grant of deemed licensee status in

Haryana

Rs. Two lakhs

Petition for approval of Business Plan

Rs. One (1) lakh

Petition for approval of Capital Investment

Plan

Rs. One (1) lakh

Petition

for

determination

additional

surcharge/FSA or any other charges to be

recovered from the consumers in case not

submitted along with the ARR

Rs. One (1) lakh.

Application seeking prior approval under

section 17 of the Electricity Act, 2003.

(Except sale of Scrap)

20.01% of the value of the transaction for

which approval is sought, subject to a

minimum of Rs. 1 lakh and maximum of Rs. 30

lakh.

2when a part of asset is labelled as scrap by the licensees it is no longer part of the assets in use for

the normal business activity of the utility and therefore out of the ambit of Section 17 of the Act.

HARYANA GOVT. GAZ., JAN. 19, 2021 (PAUS. 29, 1942 SAKA)

PART III]

Sr. No.

Particulars

Prescribed Fee

Application for amendment of license under

section 18 of the Electricity Act, 2003.

Rs. Two Lakhs

Petition for determination of rates, charges,

terms and conditions under proviso to sub-

section (1) of section 36 of the Electricity

Act, 2003.

Rs. Two lakhs Fifty thousand (To be paid by

each party)

10.

Petition for adjudication of disputes relating

to providing of non- discriminatory open

access (Long Term and Medium Term) under

sub- section (47) of section 2 read with sections

9, 40 and or 42 of the Electricity Act, 2003 and

the regulations notified there under.

Rs. Two lakhs

Petition for determination of Tariff under

provisions of clause (a) of sub- section (1) of

section 62 of the Electricity Act, 2003.

Where annual determination of Tariff is

involved

(i)

a) Conventional Fuel based power plants

(coal, gas, liquid fuel etc.)

b) Hydro Stations (more than 25 MW

capacity)

Upto 5 MW Rs. 1 Lakh

ii.

Upto 25 MW Rs. 5 Lakh

iii. Above 25 MW Rs. 10,000/- per MW

of the Installed/ allocated Capacity subject

to Minimum fee of Rs. 25 Lakh and

Maximum fee of Rs. 3.5 Cr.

(ii)

a) Non-conventional and/or Renewable

sources of energy including

co- generation-based power plants

b) Hydro Stations (upto 25 MW capacity)

(Also see Note 1)

Upto 5 MW Rs. 1 Lakh

ii.

Upto 25 MW Rs. 5 Lakh

iii. Above 25 MW Rs. 5,000/- per MW of

the Installed/ allocated Capacity subject to

a Minimum fee of Rs. 25 Lakh and

Maximum fee of Rs. 1.75 Cr.

Tariff determination for Generating Stations

other than those covered under “A” above

(i)

a) Conventional Fuel based power plants

(coal, gas, liquid fuel etc.)

b) Hydro Stations (more than 25 MW

capacity)

Upto 5 MW Rs. 5 Lakh

ii. Upto 25 MW Rs. 50 Lakh

iii. Above 25 MW Rs 50,000/- per MW

of the installed/ allocated Capacity subject

to a Minimum fee of Rs. 1 crore and

Maximum fee of Rs. 3.5 Cr.

(ii)

a) Non-conventional

and/or

Renewable

sources

energy

including

co- generation-based power plants.

b) Hydro Stations (upto 25 MW capacity)

(Also see Note 1)

Upto 5 MW Rs. 5 Lakh

ii. Upto 25 MW Rs. 50 Lakh

iii. Above 25 MW Rs. 25,000/- per MW

of the installed/ allocated Capacity subject

to a Minimum fee of Rs. 1 crore and

Maximum fee of Rs. 3.5 Cr.

Adoption of Tariff u/s 63 of the Act.

(i)

a) Conventional Fuel based power plants

(coal, gas, liquid fuel etc.)

b) Hydro Stations (more than 25 MW

capacity) (Also see Note 1)

i. Upto 5 MW Rs. 1 Lakh

ii. Upto 25 MW Rs. 10 Lakh

iii. Above 25 MW Rs. 2,000/- per MW of

the installed/ allocated Capacity subject to

a Minimum fee of Rs. 20 Lakh and

Maximum fee of Rs. 70 lakhs.

PART III]

HARYANA GOVT. GAZ., JAN. 19, 2021 (PAUS. 29, 1942 SAKA)

Sr. No.

Particulars

Prescribed Fee

(ii)

a) Non-conventional and/or Renewable

sources of energy including

co- generation-based power plants.

b) Hydro Stations (upto 25 MW capacity)

(Also see Note 1)

Upto 5 MW Rs. 1 Lakh

ii. Upto 25 MW Rs. 10 Lakh

iii. Above 25 MW Rs. 1,000/- per MW

of the installed/ allocated Capacity subject

to a Minimum fee of Rs. 20 Lakh and

Maximum fee of Rs. 35 lakhs.

(iii)

Transmission Service Agreement

Rs. 500 per MW with a Minimum fee of

Rs. 50,000/- (Fifty thousand) and Maximum of

Rs. 2 Lakh

13.

Application / Petition for approval of Power

Purchase Agreement / Power Sale Agreement /

Transmission Service Agreement including in

principle approval. However, fee deposited in

case of seeking in principle approval shall

be adjusted when final approval is sought.

(i)

a) Conventional Fuel based power plants

(coal, gas, liquid fuel etc.)

b) Hydro Stations (more than 25 MW

capacity) (Also see Note 1)

Rs. Ten thousand per MW of the Contracted

capacity with a Minimum of Rs. 50,000/-

(Fifty thousand) and Maximum of Rs. 25 Lakh.

(ii)

a) Non-conventional

and/or

Renewable

sources

energy

including

co-

generation-based power plants

b) Hydro Stations (less than 25 MW capacity)

(Also see Note 1)

Rs. Five thousand per MW of the Contracted

capacity subject to a Minimum of Rs. 50000/-

(Fifty thousand) and Maximum of Rs. 2 Lakh.

(iii)

Transmission Service Agreement

Rs. 2000 per MW subject to a Minimum of

Rs. 50,000/- (Fifty thousand) and maximum of

Rs. 2 Lakh.

14.

Petition

for

review

Order

the

Commission. (Also see Note 2)

(i)

Where fee is prescribed under this regulation

Rs. Two lakh or 50% of the Original Fee

whichever is less subject to a minimum fee of

Rs. 50,000/- (Fifty Thousand). However,

exemption is granted to category of Small

Consumers having a connected load below

20 kW for 20 (i), 20 (ii) and 20 (iii)c

(ii)

Where review is sought of Suo Motto Orders

Rs.50,000/ (Fifty thousand)

(iii)

Where review is sought of Order under 20(iv)

filed by any person other than the complainant

covered under 20(iv)

As per category wise fee mentioned under 20

(iii) – Others

(iv)

Where review is sought of Order under 20(iv)

filed by the complainant covered under 20(iv)

Nil

15.

Adjudication of dispute u/s 86 (1) (f) or u/s 35

Rs. 2,00,000/- (Two Lakhs)

16.

Request for inspection of documents / petition

disposed of or under consideration of the

Commission if permitted to be inspected

Rs. Five hundred per file/ per day.

17.

Request for obtaining certified copies of order/

petition disposed of or under consideration of

the Commission as may be permitted.

Rs. Five per page subject to a minimum of

Rs. Fifty.

18.

Petition by SLDC on any matter not covered

above.

Nil

HARYANA GOVT. GAZ., JAN. 19, 2021 (PAUS. 29, 1942 SAKA)

PART III]

Sr. No.

Particulars

Prescribed Fee

19.

Surcharge for delay in submission of the

Petition.

0.004% per day (15% p.a.) from due date

(if prescribed by the Commission) up to the

actual date of submission.

20.

Fee for any Application / Petition not covered

above.

(i)

In case the application/petition is filed by the

residents of the group housing society against

Management/ Developer/ RWA

Rs.1,000/- (One thousand)

(ii)

In case the application/petition is in larger

public interest for retail supply consumers.

(Also see Note 3)

Discretion of the Commission to exempt

(iii)

Others

a) By Utility / Licensee / deemed licensee /

person granted exemption from license.

Rs. 50,000/- (Rs. Fifty thousand)

b) By Institution/ Association/ Organization/

Company (Limited, Private Limited,

Partnership) Proprietorship/ Trust/Societies

Rs. 50,000/- (Rs. Fifty thousand)

c) Self Pleading Individual Consumer less

than 20 kw

Rs.1,000/- (Rs. One thousand)

d) Interlocutory Applications (IA)

Rs. 5,000/ (Rs. Ten thousand)

e) Others than (a) to (d) above

Rs. Rs. 50,000/- (Rs. Fifty Thousand)

iv)

3Complaint under section 142

or section 146

of Electricity Act, 2003 provided that the person

(complainant) consumes electricity for its own

use and not for commercial purpose.

Provided that in case review petition is filed by

any person other than the complainant covered

under 20(iv), fee for such review shall be as per

clause 14(iii)

Provided that in case review petition is filed by

the complainant covered under 20(iv), fee is

Nil.

Nil

3Complaint is a petition before the appropriate for a under the Consumer Act, and therefore,

borrowing the principle of law from there, its fee is kept as nil.

The cost of advertisement of public notices by the Commission in the newspapers in petition(s)

where comments/ objections of general public/ Stakeholders are required shall be borne by the

parties concerned if so ordered by the Commission.

Notes

The classification of projects falling under Non-conventional and/or Renewable sources of energy is based on

the relevant provisions of the National Tariff Policy.

Petition under the clause of removal of difficulty is not an application for review of Order. Such cases will be

covered in “20. Fee for any Application / Petition not covered above”.

Where the discretion of the Commission is sought for exemption of fee, preliminary hearing shall be held

whether the matter qualifies for exemption or not.

All fee should be rounded off to the nearest hundred Rupees except for fee at point 17.

BY ORDER OF THE COMMISSION

[18-1]

Panchkula:

Director/Tariff,

The 28th December, 2020.

HERC.

9021—C.S.—H.G.P., Pkl.